02-13-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3887 17 Jan 17 Page 3 of 5 Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant propose to construct additions to the existing residence on a residential property which is consistent with the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for additions to a single family residence in a residential zone are consistent with the Comprehensive Plan. The proposed hardcover increase is inconsistent with the City's goals for protection of the lake. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit additions to the existing home within the 10 foot side setback area appears to be reasonable as the existing detached garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. The hardcover increases resulting from the new detached garage, home additions, and the new driveway areas increase the hardcover above the existing nonconforming level. Practical difficulties have not been demonstrated as of this writing to justify the variance. b. There are circumstances unique to the property not created by the landowner; The location of the existing home and detached garage were preexisting conditions and not created by the property owner, and c. The variance will not alter the essential character of the locality. The connection between the existing detached garage and the home resulting in the detached garage becoming part of the principal structure will likely not have an impact on the neighbor to the south. However, the existing detached garage is setback only 1.3 feet from the property line and there is only approximately 11 feet between this structure and the neighboring home. It is unknown if this existing situation has an adverse impact on the neighbor or if it will be exacerbated by the proposed project. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home and detached garage are allowed uses in the LR -1C District. 7. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. This condition is not applicable.